Savage v. Burwell, No. 15-00791, 2016 WL 4132196 (D.D.C. Aug. 3, 2016) (Cooper, J.)

Date: 
Wednesday, August 3, 2016

Savage v. Burwell, No. 15-00791, 2016 WL 4132196 (D.D.C. Aug. 3, 2016) (Cooper, J.)

Re: Request for records concerning alleged employment discrimination

Disposition: Granting defendant's motion to dismiss

  • Litigation Considerations, Pleadings: The court finds that "[n]owhere . . . does [plaintiff] plead or allege facts demonstrating that she actually filed a proper FOIA request with the agency." "Rather, she appears to be attempting to assert a FOIA-based cause of action in place of civil discovery, which the statute does not allow." "Accordingly, the Court will dismiss this count pursuant to Rule 12(b)(6) for failure to state a claim upon which relief may be granted."
Topic: 
District Court
Litigation Considerations
Updated January 18, 2017